Passport Expired / Child Born in USA / Working for US Company Help.....

[cacouncill94]

My wife and I are starting this process of moving to Canada ASAP and we are filling out the paperwork for the Outland Visa Application and are already overwhelmed by all the paperwork and questions we have so any help would be greatly appreciated. So lets start with the specifics.

My wife is a Canadian citizen, we have been married for 6 years this April, we just completed the adoption process for my step son so he is legally mine as well but he is still a Canadian citizen who was born in Canada prior to us meeting. They are both permanent residents here in the US currently. We have a 4 year old daughter who was born here in the US.

We are wanting to move back to Canada this summer permanently so our kids can start school next year, my company, which is based in Atlanta Georgia, has already signed off on letting me work remotely so i will continue to work for the same company from home. We have begun to fill out the forms for the Outland Visa Application and I have a few questions that i cannot find answers to on my own.

1- My wife's passport has expired, does this matter? Should we get it renewed before submitting the application?

2- Do we need to complete an application for my daughter or is she already a Canadian citizen by birth?

3- Can we live in Canada during the application process and can my daughter attend school?

4- If so what kind of temporary visas should we apply for during the application process?

 

[canuck_in_uk]

My wife and I are starting this process of moving to Canada ASAP and we are filling out the paperwork for the Outland Visa Application and are already overwhelmed by all the paperwork and questions we have so any help would be greatly appreciated. So lets start with the specifics.

My wife is a Canadian citizen, we have been married for 6 years this April, we just completed the adoption process for my step son so he is legally mine as well but he is still a Canadian citizen who was born in Canada prior to us meeting. They are both permanent residents here in the US currently. We have a 4 year old daughter who was born here in the US.

We are wanting to move back to Canada this summer permanently so our kids can start school next year, my company, which is based in Atlanta Georgia, has already signed off on letting me work remotely so i will continue to work for the same company from home. We have begun to fill out the forms for the Outland Visa Application and I have a few questions that i cannot find answers to on my own.

1- My wife's passport has expired, does this matter? Should we get it renewed before submitting the application?

2- Do we need to complete an application for my daughter or is she already a Canadian citizen by birth?

3- Can we live in Canada during the application process and can my daughter attend school?

4- If so what kind of temporary visas should we apply for during the application process?

1. She does not require a valid passport for the app.

2. She is a citizen by birth but you need to apply for her Certificate of Citizenship. This can take many months to process, so get it in ASAP.

3. Your family can live here. You can come as a visitor.

4. You don't need visas.

 

[Wakki]

My wife and I are starting this process of moving to Canada ASAP and we are filling out the paperwork for the Outland Visa Application and are already overwhelmed by all the paperwork and questions we have so any help would be greatly appreciated. So lets start with the specifics.

My wife is a Canadian citizen, we have been married for 6 years this April, we just completed the adoption process for my step son so he is legally mine as well but he is still a Canadian citizen who was born in Canada prior to us meeting. They are both permanent residents here in the US currently. We have a 4 year old daughter who was born here in the US.

We are wanting to move back to Canada this summer permanently so our kids can start school next year, my company, which is based in Atlanta Georgia, has already signed off on letting me work remotely so i will continue to work for the same company from home. We have begun to fill out the forms for the Outland Visa Application and I have a few questions that i cannot find answers to on my own.

1- My wife's passport has expired, does this matter? Should we get it renewed before submitting the application?

2- Do we need to complete an application for my daughter or is she already a Canadian citizen by birth?

3- Can we live in Canada during the application process and can my daughter attend school?

4- If so what kind of temporary visas should we apply for during the application process?

1. Your wife is a Canadian citizen, not eligible to be issued a visa and does not need her passport for the sponsorship application.

2. Since your daughter was born in the US, she may have claim to Canadian Citizenship depending on how the mother the Canadian acquired Canadian Citizenship. If the mother was born outside Canada to a Canadian parent, then your daughter will be 2nd generation born outside Canada and not a Canadian citizen and will need to be sponsored as PR to Canada......based on the 2nd generation limit rule.

However, if the mother the Canadian acquired Canadian by birth or naturalization, then your daughter has claim to Canadian citizenship been 1st generation born outside Canada, and you may have to apply for proof of citizenship.

3. Yes, you can come and live in Canada. You the husband (and the daughter if not Canadian) can stay for up to six months as a visitors (visa extension is possible is you apply and is approved). You the husband will not need to return to the US if the application is approved while you are in Canada. You may have to update your address with IRCC to the Canadian address.

4. US citizens are allowed to visit Canada without a visa and stay for 6 months. Visa extension is possible if you apply and is approved.

 

[canuck_in_uk]

1. Its not mandatory you submit a copy of the passport data page as at the time of submitting the sponsorship application. You just have to make sure its submitted later before visa issuance. So you could submit the sponsorship without passport, renew passport later and send to IRCC.

Refer Note in Spousal Sponsorship Checklist section - SUPPORTING DOCUMENTS FOR SPONSORED PERSONS (PRINCIPAL APPLICANT AND ALL FAMILY MEMBERS

2. Since your daughter was born in the US, she may have claim to Canadian Citizenship depending on how the mother the Canadian acquired Canadian Citizenship. If the mother was born outside Canada to a Canadian parent, then your daughter will be 2nd generation born outside Canada and not a Canadian citizen and will need to be sponsored as PR to Canada......based on the 2nd generation limit rule.

However, if the mother the Canadian acquired Canadian by birth or naturalization, then your daughter has claim to Canadian citizenship been 1st generation born outside Canada, and you may have to apply for proof of citizenship.

3. Yes, you can come and live in Canada. You the husband (and the daughter if not Canadian) can stay for up to six months as a visitors (visa extension is possible is you apply and is approved). You the husband will not need to return to the US if the application is approved while you are in Canada. You may have to update your address with IRCC to the Canadian address.

4. US citizens are allowed to visit Canada without a visa and stay for 6 months. Visa extension is possible if you apply and is approved.

1. The sponsor does not require a valid passport at all for the application.

 

[cacouncill94]

Thank you so much, so i can stay in the country for the duration of the process?

 

[cacouncill94]

I cannot believe the prompt detailed replies to our questions, one of the many reasons we are excited to move back home.

 

[cacouncill94]

1. Your wife is a Canadian citizen, not eligible to be issued a visa and does not need her passport for the sponsorship application.

2. Since your daughter was born in the US, she may have claim to Canadian Citizenship depending on how the mother the Canadian acquired Canadian Citizenship. If the mother was born outside Canada to a Canadian parent, then your daughter will be 2nd generation born outside Canada and not a Canadian citizen and will need to be sponsored as PR to Canada......based on the 2nd generation limit rule.

However, if the mother the Canadian acquired Canadian by birth or naturalization, then your daughter has claim to Canadian citizenship been 1st generation born outside Canada, and you may have to apply for proof of citizenship.

3. Yes, you can come and live in Canada. You the husband (and the daughter if not Canadian) can stay for up to six months as a visitors (visa extension is possible is you apply and is approved). You the husband will not need to return to the US if the application is approved while you are in Canada. You may have to update your address with IRCC to the Canadian address.

But can my daughter attend school while we are awaiting approval? She is supposed to start kindergarten next year.

4. US citizens are allowed to visit Canada without a visa and stay for 6 months. Visa extension is possible if you apply and is approved.

 

[KBH]

Your daughter, presuming she is a Canadian citizen, would have no issues attending school in Canada, but you would need to present her citizenship certificate (since she doesn't have a Canadian birth certificate), which is why you should start the process of obtaining that as soon as possible.

 

[canuck_in_uk]

Thank you so much, so i can stay in the country for the duration of the process?

You can enter as a visitor and extend your stay if your PR app takes longer.

 

[cacouncill94]

Your daughter, presuming she is a Canadian citizen, would have no issues attending school in Canada, but you would need to present her citizenship certificate (since she doesn't have a Canadian birth certificate), which is why you should start the process of obtaining that as soon as possible.

Thank you so much! Is there a specific application i need to fill out for her?

 

[canuck_in_uk]

Thank you so much! Is there a specific application i need to fill out for her?

Answered in my first post.

 

[cacouncill94]

Answered in my first post.

Ah the Certificate of Citizenship, thank you very much.

Another unrelated question. While we are waiting for the Outland Visa application are we allowed to buy a home in Canada, or should we wait until the process is complete?

 

[canuck_in_uk]

Ah the Certificate of Citizenship, thank you very much.

Another unrelated question. While we are waiting for the Outland Visa application are we allowed to buy a home in Canada, or should we wait until the process is complete?

You can buy a home whenever you want. No need to wait.

 

[cacouncill94]

We are filling out the forms and my wife has been a stay at home mom our entire marriage, I am going to continue to support her. Is that going to be an issue? I am going to continue to work for my current company, they are going to allow me to telework from home when we live in Canada, they are just going to have me come back for 1 week every 2 months.

 

[canuck_in_uk]

We are filling out the forms and my wife has been a stay at home mom our entire marriage, I am going to continue to support her. Is that going to be an issue? I am going to continue to work for my current company, they are going to allow me to telework from home when we live in Canada, they are just going to have me come back for 1 week every 2 months.

That's fine. She needs to include a detailed letter of explanation explaining how you will support yourselves.